FERRELL v. STATE

No. 13, September Term, 1988.

318 Md. 235 (1990)

567 A.2d 937

AVERY V. FERRELL v. STATE OF MARYLAND.

Court of Appeals of Maryland.

January 9, 1990.


Attorney(s) appearing for the Case

Jose Felipe Anderson, Asst. Public Defender and George E. Burns, Jr., Asst. Public Defender (Alan H. Murrell, Public Defender, all on brief), Baltimore, for petitioner and cross-respondent.

Valerie J. Smith, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., both on brief), Baltimore, for respondent and cross-petitioner.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ.


ELDRIDGE, Judge.

This criminal case involves the applicability of the doctrine of collateral estoppel where a defendant was acquitted on one count of a two-count charging document, where the jury was unable to agree on the other count, where the disputed issue under both counts was the same, and where the defendant was subsequently retried for the offense on which the jury had previously been unable to agree.

The pertinent facts, as disclosed by the prosecution...

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